Debate Over Proposition 1 Intensifying in Rochester
As election day approaches a deep divide over proposition 1—a proposed constitutional amendment seeking to expand New York State’s equal rights protections—is coming to a head. A group opposing the constitutional change gathered at parcel 5 in Rochester, Thursday.
The Coalition to Protect Kids NY, a group consisting of community and faith-based organizations, says the ballot initiative could allow boys to compete in girls’ sports; give males a constitutional right to use women’s safe spaces such as bathrooms, locker rooms, showers etc.; and erode parents' rights to be involved in decisions regarding their children like gender transitioning medical treatments.
Specifically, the coalition is pushing back saying the language in the proposed constitutional amendment is too vague.
“We all want equal rights for everyone but in the end when you have a constitutional amendment it should be clear and succinct,” said Ayesha Kreutz a spokesperson for the coalition.
“It’s a sinister, diabolical scheme to change everything around,” said community activist, Clay Harris.
Harris says the majority of New Yorkers are unaware of the proposed changes in proposition 1.
“Our elected officials should be ashamed of themselves,” he said. “They’re trying to change the constitution of the State of New York and they aint even tell nobody. Ninety eight percent of New Yorkers whether they are in an electorate in terms of a registered voter or not, they don’t even know what’s going on.”
Currently, the NY State Constitution offers protections against discrimination based on race, color, creed, and religion. Proposition 1, if passed will expand New York’s Equal Rights Amendment by adding ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive health care and autonomy.
Advocates have been pushing to expand the anti-discrimination clause in the state’s constitution for some time now; but the current initiative is a direct response to the overturning of Roe V Wade in 2022.
Ballot language is determined by the New York State Board of Elections and is required to be written in “plain language”, as close to an eighth grade reading level as possible.
Advocates, including New York State Attorney General Letitia James, wanted to add the words “abortion” and “LGBT” to the ballot language. A lawsuit was filed challenging the language; but ultimately a judge modified the language slightly but did not add the words.
Kreutz says this is about much more than abortion rights.
“If New Yorkers vote ‘yes’ on this amendment it will open up pandora’s box and codify things like allowing men to participate in women’s sports,” she said.
“When we’re talking about girls’ sports, the UN has come out saying that allowing males to compete in women’s sports is a humanitarian issue and it is violence against women. We agree with this.”
“I believe that as a parent I’m capable of parenting my children and protecting them better than the state or any institution,” said Coalition Member Tamara Marcella from Glory Worship Church.
Advocates for Proposition 1 include New York Governor Kathy Hochul, the NYCLU, and Planned Parenthood. They say opposition to the legislation is misguided.
Nora Brickner, Equal Rights Amendment Campaign Director for the NYCLU says it's about closing "dangerous loopholes in our state constitution that leave us vulnerable to the whims of politicians."
"Across the country, politicians are restricting people’s rights and freedoms, including the right to abortion and the right for all of us to be who we are… When we enshrine a right in the state constitution, we protect it from political attacks,” she wrote in a commentary on the NYCLU website.
According to the NYCLU Prop 1 would also explicitly protect against discrimination based on a person’s pregnancy or pregnancy outcome.
“Essential language given the national trend of punishing and criminalizing people for pregnancy outcomes like miscarriages and stillbirths. It prevents the state from passing an abortion ban, banning private insurance coverage of abortion, punishing or prosecuting pregnancy outcomes like a miscarriage, or adding medically unnecessary burdens on patients or providers,” they noted on their website.
Why is Proposition 1 on the Ballot?
In New York, to pass a law, it must be approved by the state legislature and then signed by the governor. But to amend the state’s constitution, the law must be passed twice, then get approved in a referendum where voters get to have a say.
Lawmakers in Albany passed Proposition 1 back in July 2022 and then again in January 2023. If voters approve it this November, the amendment will become a permanent part of the New York State Constitution.
A “Yes” vote will add the new language to the state’s constitution.
A “No” vote will leave the language off the constitution.
“A change in the constitution is no small thing,” explained Bishop David Singleton from Ark of Jesus Ministries.
“What I’m concerned about is us opening the door wider than we think we are, to allow unexpected, unanticipated changes to come that down the road we will regret.”
Athlete Bella Juarez speaks about her opposition to proposition 1
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